Commission recommends rezoning and approves concept plan for 32 townhomes at 1122 South 900 East with deed‑restriction proffers

The Provo City Planning Commission on Jan. 8 recommended approval of a zone map amendment from M1 (light manufacturing) to MDR (medium density residential) for the property at 1122 South 900 East and approved the concept plan for a proposed townhome development. The rezoning recommendation passed 7–2; the concept plan passed unanimously.

Staff presentation described a revised project from earlier notices: the applicant now proposes 32 townhome units (the original notice listed 31). Each unit is shown as a three‑story residence with a two‑car garage; the concept plan lists 73 parking stalls total (72 are required, so the plan includes one extra stall), and nine visitor parking spaces. The applicant proffered a development agreement that would deed‑restrict density to 20 units per acre (the MDR zone allows up to 30 units per acre), prohibit short‑term leases under 12 months, and cap units rented at any time to 35% in perpetuity; the HOA would be tasked with monitoring rental levels.

Staff told the commission the change from the applicant’s earlier 50% owner occupancy to a 65% owner/35% rental split represented movement toward city ownership goals but that staff lacked a firm policy threshold and therefore could not recommend unconditional approval on owner‑occupancy grounds; that policy question was referred to council. Applicant representatives said higher owner‑occupancy requirements make product marketing and financing more difficult and that 65/35 was the product of ongoing negotiations.

Public comment during this item was limited; one nearby resident spoke in favor of the project. Commissioners discussed surrounding densities, how the proposed density compares to the future‑land‑use map (staff said the plan is comparable to surrounding townhomes), and how deed restrictions and HOA enforcement function. Commissioners asked whether the MDR request would allow higher density in the future; staff replied the site’s lot size, design standards and parking constraints make the present plan effectively the realistic maximum.

The commission voted 7–2 to forward the rezoning recommendation and unanimously to approve the concept plan, both actions conditioned on the development agreement proffers. Those recommendations go to the City Council for final action on the zone map amendment; concept‑plan approval remains a Planning Commission action but detailed project plans and permits are still required before construction.

Votes at a glance: Item 3 (zone map amendment M1→MDR, 1122 S 900 E) — recommended to council 7–2; Item 4 (concept plan approval for 32 townhome units at same address) — approved unanimously.